Understanding Widow’s and Widower’s Benefits Calculation under § 404.338

Are you curious about the amount of widow’s or widower’s benefits you might be eligible for?

If so, you may be interested in learning about § 404.338, which outlines the calculation of these benefits.

According to this section, your monthly benefit will be equal to the primary insurance amount of the insured person if you are eligible for widow’s or widower’s benefits. However, if the insured person passes away before age 62 and you become eligible for benefits after 1984, a special primary insurance amount may be calculated to determine the amount of your monthly benefit.

If the insured person delays filing for benefits or requests voluntary suspension of benefits, and thereby earns delayed retirement credit, your monthly benefit amount may be increased. Similarly, if the insured person works after reaching full retirement age, your benefit amount may also increase. However, your monthly benefit amount may change in accordance with § 404.304.

It’s important to note that your monthly benefit will be reduced if the insured person chooses to receive old-age benefits before reaching full retirement age. In this case, your benefit amount will be reduced to the amount the insured person would be receiving if alive, or 82 1/2 percent of their primary insurance amount, whichever is larger.

Here’s an example: Let’s say that John and Jane were married for over 20 years before John passed away at age 65. Jane is now 62 and is eligible for widow’s benefits. John’s primary insurance amount is $2,500 per month, which means that Jane is also eligible for $2,500 per month in widow’s benefits.

However, if John had passed away before reaching age 62 and Jane became eligible for benefits after 1984, a special primary insurance amount may have been calculated to determine the amount of her monthly benefit. Let’s say that the special primary insurance amount was $2,000 per month. In this case, Jane would be eligible for $2,000 per month in widow’s benefits.

If John had delayed filing for benefits or requested voluntary suspension of benefits, and earned delayed retirement credit, Jane’s monthly benefit amount may have been increased. Similarly, if John had worked after reaching full retirement age, her benefit amount may have also increased. However, her monthly benefit amount may change over time in accordance with § 404.304.

Finally, if John had chosen to receive old-age benefits before reaching full retirement age, Jane’s benefit amount would have been reduced to the amount that John would have been receiving if he were still alive. If this amount was less than 82 1/2 percent of John’s primary insurance amount, Jane’s benefit would be reduced to 82 1/2 percent of his primary insurance amount.

If you are unsure about your eligibility for widow’s or widower’s benefits, or if you have any questions about the calculation of your benefit amount, you may want to consult with a Social Security representative. They can provide you with more detailed information and help you understand how to apply for these benefits.

https://www.ssa.gov/OP_Home/cfr20/404/404-0338.htm